UN Experts: India Counter-Terror Tactics Violate Rights

OHCHR

GENEVA - UN experts* today expressed alarm about serious human rights violations committed by Indian authorities following the 22 April 2025 terrorist attack in Pahalgam, in Indian-Administered Kashmir, which killed 54 people.

"We unequivocally condemn the brutal terrorist attack on a tourist area and extend our condolences to the victims, their families, and the Government of India. However, all governments must respect international human rights law while combating terrorism," the experts said.

After the attack, Indian authorities launched sweeping operations across Jammu and Kashmir, resulting in the arrest and detention of around 2,800 individuals, including journalists and human rights defenders. Some were detained and charged under the Public Safety Act or the Unlawful Activities (Prevention) Act, which permit prolonged detention without charge or trial and contain vague and overbroad definitions of terrorism. Some detainees were allegedly tortured, held incommunicado, and denied access to lawyers and family members.

"We condemn reports of arbitrary arrests and detentions, suspicious deaths in custody, torture and other ill-treatment, lynchings, and discriminatory treatment of Kashmiri and Muslim communities," the experts said.

They highlighted reports of punitive house demolitions and forced evictions and arbitrary displacement, targeting families of individuals perceived as supporting the militants, and carried out without court orders or due process. "Such actions constitute collective punishment and defy the 2024 ruling by India's Supreme Court, which found that such demolitions are unconstitutional and violate the rights to life and human dignity, which includes the right to protection against arbitrary displacement," the experts said.

The experts were also concerned by communication blackouts and restrictions on press freedom. Authorities reportedly suspended mobile internet services and blocked around 8,000 social media accounts, including those of journalists and independent media outlets. "These measures are disproportionate restrictions on freedoms of expression, association and peaceful assembly," they said.

India's response to the attacks was also felt elsewhere in India.

According to the experts, Kashmiri students were subject to surveillance and harassment, following Government directives requiring universities to collect their personal data. Hate speech and incitement to violence increased against Muslims, inflamed by political figures in the ruling party. Demolitions were reported in Gujarat and Assam, where thousands of Muslim homes, mosques, and businesses were destroyed.

Nearly 1,900 Muslims and Rohingya refugees were also expelled to Bangladesh and Myanmar, often without due process.

"Such expulsions violate the international obligation of non-refoulement, which prohibits returning individuals to countries where they risk persecution, arbitrary deprivation of life, torture, or other serious harm," they said.

The experts highlighted the persistent nature of violations in Jammu and Kashmir, with several human rights defenders, including Irfan Mehraj and Khurram Parvez, being arbitrarily detained for years under draconian security laws. "We urge the immediate unconditional release of all individuals arbitrarily detained in Jammu and Kashmir."

The experts urged the Government of India to bring its counter-terrorism laws and practices in line with international human rights obligations and independently investigate all alleged violations and ensure accountability, including through prosecutions.

"Excessive counter-terrorism measures not only violate human dignity, the Indian Constitution and international law, but counter-productively fuel social division and grievances that can spiral into further violence," the experts warned.

"We urge the Governments of India and Pakistan to peacefully resolve the long-running conflict over Jammu and Kashmir, which has fuelled human rights violations and the destructive cycle of cross-border violence."

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